Patna High CourtCR. MISC./75587/2018disposal with observation

Raju Pandit v. State Of Bihar And ANR

2019-01-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75587 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== Raju Pandit Son of Late Seo Balak Pandit Resident of VillageBaishakhi,Police Station Sarai O.P.,Distt.-Siwan ... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Rubi Devi Wife of Raju Pandit,D/o of Sahdeo Pandit Resident of VillageDihiya Din Dayalpur,Police Sation G.B. Nagar,Tarwara,Distt.-Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr. S.M. Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Pachrukhi (Sarai O.P.) P.S. Case No. 265 of 2018, registered for offences punishable under Sections 498 (A), 406, 323/34 of the Indian Penal Code and Section 4 of D.P.Act. As per F.I.R., allegation against the petitioner, who happens to be the husband of the complainant, is of subjecting his wife to cruelty due to non fulfillment of demand of dowry. Submission of the learned counsel for the petitioner is that the marriage was solemnized in the year 2013 and the petitioner is still ready to keep her and he wants to spent rest of his conjugal life with the complainant but she is not ready to

Patna High Court Cr.Misc. No.75587 of 2018(3) dt.25-01-2019 2/2 live with her and the petitioner has no criminal antecedent. Learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders within a period of six weeks from the receipt of this order and on surrender he shall be released on provisional bail for a period of three months by the Court below to its own satisfaction and in the meantime, learned court below shall issue noticeto the complainant and on her appearance Court shall make reconciliation and on reconciliation, if the petitioner is ready to keep the complainant with him, his bail bond shall be confirmed, otherwise, the Court is free to pass any other order as it may deem fit and proper.

With the above observation,s this application is disposed of.

(Vinod Kumar Sinha, J) sudha/- U T